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(영문) 서울동부지방법원 2016.10.11 2016고정1474
화물자동차운수사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport purposes.

Nevertheless, at around 16:40 on July 29, 2015, the Defendant transported cargo at the front of the “C” restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul. In return for transporting selective cargo of the “F agency” in the Hanam-si, Hanam-si using a private-use truck, the Defendant received KRW 1,000 per case and transported the cargo.

Accordingly, the defendant, a user of a private-use truck, provided a private-use truck for transportation purposes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A statement prepared by H;

1. Application of the Acts and subordinate statutes to a charge, a general motor vehicle tax, a register of motor vehicles, and a report of investigation (verification of an I motor vehicle owner);

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 7 of Article 67 and Article 56 of the Trucking Transport Business Act that choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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